OBIORA IKENNA SUNDAY Vs. STATE

JUDGEMENT

(1.) Present appeal has been preferred by the appellant to challenge the legality and correctness of a judgment dated 31.01.2018 of learned Addl. Sessions Judge in Sessions Case No.655/2017 arising out of FIR No.70/2012 PS Fateh Pur Beri whereby he was convicted for committing offences punishable under Section 21(b) of NDPS Act and Section 14 of Foreigners Act, 1946. By an order dated 05.02.2018, the appellant was sentenced to undergo RI for three years with fine Rs. 25,000/- under Section 21(b) of NDPS Act and RI for three years with fine Rs. 10,000/- under Section 14 of Foreigners Act, 1946. Both the sentences were to operate concurrently.

(2.) Allegations against the appellant were that on 103.2012 at about 10.15 p.m. near Arjun Garh Metro Station, he was found in possession of 8 gms of cocaine without licence; he was further found to have overstayed in India after the expiry of the visa on 07.02010.

(3.) To prove its case, the prosecution examined twelve witnesses and relied upon several documents. In 313 Cr.P.C. statement, the appellant pleaded false implication. The Trial resulted in conviction as mentioned previously.